Dole Seeks Summary Judgment in Fruit Mislabeling Class Action Lawsuit

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Even though a judge certified a Class of California plaintiffs who filed a Dole fruit false advertising class action lawsuit, the company’s defense team is still seeking summary judgment on claims that there were synthetic ingredients in supposedly “all-natural” products.

Lead plaintiff Chad Brazil’s class action lawsuit had already survived an earlier motion for dismissal, with U.S. District Judge Lucy Koh refusing to toss claims regarding Dole products that the man hadn’t purchased but were affected by common advertising and labeling. More recently, she approved class certification for a “damages” group and an “injunction” group for California residents.

In its motion for summary judgment, Dole argues that the false advertising count is baseless because the ascorbic and citric acids are not actually contained in the fruit, but rather the gelatin, rendering the “all-natural” fruit claim literally valid. Moreover, they say that the class action lawyers are basing legality on a policy of the U.S. Food and Drug Administration (FDA) issued in 1993, rather than a binding statute.

If the last part was true, then the claims regarding California’s Unfair Competition Law should fail as well, Dole argues, as it requires an illegal activity and the “FDA’s ‘natural’ policy is not a statute or regulation. You can’t ‘violate’ non-binding guidance.” It also noted Judge Koh’s comments regarding the Dole’s Mixed Fruit in Cherry Gel, when she said, “It says ‘All Natural Fruit.’ … And the ‘Sugar Free’ is explicitly referring to the gel, so I think you’re not giving working mothers enough credit if you think that they’re not going to read it says ‘Sugar Free Gel’ and ‘All Natural Fruit.’”

The Dole class action lawsuit represents one of many that are wending their way through U.S. District Courts in California due to its strong consumer protection laws. The phrasing of “all natural” or “100% natural” appears on a number of products, and buyers who have filed false advertising class action lawsuits targeting various food makers say they are willing to pay a premium because of the perceived health benefits.

Where the Dole case stands out is its defense team’s argument regarding FDA policy versus regulation, as well as the fact that consumers cannot verify whether or not the ascorbic acid and citric acid are natural or not because they themselved don’t know.

Brazil is represented by Ben F. Pierce Gore of Pratt & Associates and Charles Barrett of Charles Barrett PC.

The Dole Fruit False Advertising Class Action Lawsuit is Chad Brazil v. Dole Food Co. Inc., et al., Case No. 5:12-cv-01831, in the U.S. District Court for the Northern District of California.

UPDATE: On Dec. 8, 2014, a federal judge granted Dole’s motion for summary judgment and dismissed the company as a defendant from the class action lawsuit.

UPDATE 2: On Sept. 12, 2016, Consumers who purchased Dole fruit products that were allegedly misleadingly labeled “all natural” asked the 9th U.S. Circuit Court of Appeals to revive their class action lawsuit, which had been previously dismissed in 2014.

UPDATE 3: On Sept. 30, 2016, plaintiffs in a class action lawsuit alleging Dole misleads consumers by labeling its frozen berry products as “all natural” when they contain synthetic ingredients won in the Ninth Circuit. However, the buyers have more work to do.